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the communications vol 27 no 01 issn 0975 6558 social justice in islam and human rights bilal ahmad bhat ph d research scholar school of education and behavioral sciences university ...

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                                                                          The  Communications                                                                                                                                                                                                 Vol.27. No (01)                                                                                                                                                                                               ISSN: 0975-6558 
                                                                                                                                                                                                                       Social Justice in Islam and Human Rights. 
                                                                                                                                                                                                                                                                      BILAL AHMAD BHAT 
                                                                                                                                                             Ph.D Research Scholar, School of Education and Behavioral Sciences, 
                                                                                                                                                                                                                                                     University of Kashmir, Kashmir 
                                                                                                                                                                                                                                                                                                                                
                                                                                                                ABSTRACT 
                                                                                                                Islam has emphasized on numerous principles that organize relationships among members of the 
                                                                                                                society. One of the most important principles is social justice with all important values that it 
                                                                                                                involves like peace, love, brotherhood, and prosperity. Justice in Islam is not only practiced on 
                                                                                                                Muslims. Rather, it is practiced on every human being regardless to his/her beliefs or religion. 
                                                                                                                Justice as a concept refers to equality in giving rights and in abiding by obligations without 
                                                                                                                discriminations  for  any  reason,  either  for  religion,  race,  color,  etc.  social  justice  in  Islam 
                                                                                                                comprises three elements i.e., equitable distribution of wealth, provision of social security and 
                                                                                                                protection of the weak against the strong. The first thing that we find in Islam in this connection is 
                                                                                                                that it lays down some rights for man as a human being. In other words, it means that every man 
                                                                                                                whether he belongs to this country or that, whether he is a believer or unbeliever, whether he 
                                                                                                                lives in some forest or is found in some desert, whatever be the case, he has some basic human 
                                                                                                                rights simply because he is a human being, which should be recognized by every Muslim. In fact, 
                                                                                                                it  will  be his duty to fulfill these obligations. The aim of this paper is also to focus on Basic 
                                                                                                                Human Rights such as the Right to life, the Right to safety of life, Respect for the chastity of 
                                                                                                                women, Individual’s right to freedom, Equality of human beings, and the Right to cooperate and 
                                                                                                                not to cooperate. 
                                                                                                                Key words: -Introduction, Social justice in Islam, Human Rights in Islam, Conclusion 
                                                                                                                Introduction 
                                                                                                                The importance of justice is manifested in being one of God's names in Islam. It is considered 
                                                                                                                among the most important values underlined by the Quran and repeated in a number of its verses. 
                                                                                                                God has required justice to be a necessary part of the behavior of every Muslim. It covers every 
                                                                                                                aspect in life and has to be practiced with every person in the world, including rivals and enemies. 
                                                                                                                Social justice means giving each individual what he/she deserves, the distribution of financial 
                                                                                                                benefits  in  the  society,  providing  equally  for  basic  needs.  It  is  also  the  egalitarianism  in 
                                                                                                                opportunities, i.e. each person has a chance to climb up the social ladder. Social justice is one of 
                                                                                                                the most important aspects of justice in Islam. As was clarified by Dr. Sayed Qotb, in Social 
                                                                                                                Justice in Islam, there are three basic elements of social justice in Islam. These are the absolute 
                                                                                                                freedom of conscience, the complete equality of all men, and the social interdependence among 
                                                                                                                members of the society. 
                                                                                                                Since God is the absolute and the sole master of men and the universe, He is the sovereign Lord, 
                                                                                                                the Sustainer and Nourisher, the Merciful, Whose mercy enshrines all beings; and since He has 
                                                                                                                given each man human dignity and honor, and breathed into him of His own spirit, it follows that, 
                                                                                                                united in Him and through Him, and apart from their other human attributes, men are substantially 
                                                                                                                the same and no tangible and actual distinction can be made among them, on account of their 
                                                                                                                accidental differences such as nationality, color or race. Every human being is thereby related to 
                                                                                                                all others and all become one community of brotherhood in their honorable and pleasant servitude 
                                                                                                                to  the  most  compassionate Lord of the Universe. In such a heavenly atmosphere the Islamic 
                                                                                                                confession of the oneness of God stands dominant and central, and necessarily entails the concept 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        88 
                                                                           
                  The  Communications                                 Vol.27. No (01)                                   ISSN: 0975-6558 
                            of the oneness of humanity and the brotherhood of mankind. Although an Islamic state may be set 
                            up in any part of the earth, Islam does not seek to restrict human rights or privileges to the 
                            geographical limits of its own state. Islam has laid down some universal fundamental rights for 
                            humanity as a whole, which are to be observed and respected under all circumstances whether 
                            such a person is resident within the territory of the Islamic state or outside it, whether he is at 
                            peace or at war. 
                            Social justice in Islam 
                            The term social justice is  of  recent  vintage.  It  first  appeared  in  political  debate  in  the  early 
                            nineteenth century. It was employed by political thinkers like John Stuart Mill and its use has 
                            since become widespread. Social justice implies that overall pattern of distribution in a society 
                            ought to be brought into line with principles of justice. There have been two major conception of 
                            social justice, one embodying the notions of merit and desert, the other those of need and equality. 
                            Islam, being religion of nature, understands that human beings are born with varying gifts. As 
                            they differ in their bodies and their features so they differ in their mental and other capabilities. 
                            Their environment, their circumstances and their hereditary gains also differ. In this situation 
                            there can be no possibility of economic equality. Thus the existence of economic inequalities 
                            among the human beings is but natural. It is also there because Islam allows individual initiative 
                            in  earning  wealth  and  gives  right  of  private  ownership  of  property.  Moreover,  existence  of 
                            inequalities in economic and social life is a part of Divine scheme whereby God tests and tries the 
                            people to know who are good and who are bad. 
                   
                            We have already defined social justice of Islam and have also mentioned that it comprises three 
                            elements i.e. equitable distribution of wealth, provision of social security and protection of the 
                            weak against the strong. All these elements have been dealt with in detail at proper places in this 
                            book. Let us briefly discuss them here. 
                       1.  No doubt Islam accepts unequal distribution of wealth as natural and part of Divine Scheme of 
                            world  order,  yet  it  does  not  allow  existence  of  wide  disparities  in  distribution  of  wealth.  If 
                            distribution of wealth in a community is unfair and inequitable, social peace in that community is 
                            always at stake and conflict between the poor and the rich is bound to result in war and class 
                            struggle. Islam being religion of peace is against such class conflict. It establishes fraternity and 
                            brotherhood in the ranks of the members of Islamic community. Islam believes in well-being of 
                            its followers and, therefore, ensures fair and equitable distribution of income and wealth among 
                            them. 
                       2.   Islamic economic system guarantees basic human needs to all the citizens of the Islamic state. 
                            Islam enjoins upon the well-to-do to fulfill the needs of the poor and the destitute. According to 
                            Al-Quran, the poor and the needy have share in the wealth of the rich. The Quran says: And in 
                            whose wealth there is a right acknowledged for the poor beggar and the destitute” -(70 : 24-25). 
                            To the question as to how much wealth should be spent by the rich for the cause of the poor, the 
                            Qur’an replies: “And they ask thee how much they are to spend; say: “What is beyond your 
                            needs” -(2:219). Thus the revealed book of Islam expects from the rich to spend all their surplus 
                            wealth for their poor brothers if the circumstances so demand. 
                       3.   Elimination of economic exploitation of the weak by the strong is another element of Islamic 
                            social justice. Many steps have been taken by Islam in this direction. Riba or usury is one of the 
                            worst  instruments  of  human  exploitation and this  has  been abolished root  and  branch.  Other 
                            means  of  human  exploitation  such  as  bribery,  gambling,  speculative  transactions,  fraudulent 
                            practices, prostitution, embezzlement, etc. have also been prohibited in Islamic society. Interest of 
                            the weaker classes of the society like women, orphans, slaves, laborers, tenants, consumers, etc. 
                            have been protected through detailed legislation by Islam. 
                       Human Rights in Islam 
                                                                                                                                      89 
                   
                                                                          The  Communications                                                                                                                                                                                                 Vol.27. No (01)                                                                                                                                                                                               ISSN: 0975-6558 
                                                                                             When we speak of human rights in Islam we really mean that these rights have been granted by God; 
                                                                                             they have not been granted by any king or by any legislative assembly. The rights granted by the 
                                                                                             kings or the legislative assemblies, can also be withdrawn in the same manner in which they are 
                                                                                             conferred. The same is the case with the rights accepted and recognized by the dictators. They can 
                                                                                             confer them when they please and withdraw them when they wish; and they can openly violate them 
                                                                                             when they like. But since in Islam human rights have been conferred by God, no legislative assembly 
                                                                                             in the world or any government on earth has the right or authority to make any amendment or change 
                                                                                             in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they 
                                                                                             basic human rights which are conferred on paper for the sake of show and exhibition and denied in 
                                                                                             actual life when the show is over. Nor are they like philosophical concepts which have no sanctions 
                                                                                             behind them. Basic Human rights in Islam are explained below; 
                                                                           
                                                                                             THE RIGHT TO LIFE: -The first and foremost basic right is the right to live and respect for human 
                                                                                             life.  The  Holy  Quran  lays  down:  “Whosoever  kills  a  human  being  (without  any  reason  like) 
                                                                                             manslaughter, or corruption on earth, it is though he had killed all mankind (5:32). In any case, no 
                                                                                             human being has any right by itself to take human life in retaliation or for causing mischief on this 
                                                                                             earth. Therefore, it is incumbent on every human being that under no circumstances should he be 
                                                                                             guilty of taking a human life. These instructions have been repeated in the Holy Quran in another 
                                                                                             place saying,” Do not kill a soul which Allah has made sacred expect through the due process of law” 
                                                                                             (6:151). The Right to Life has been given to man only by Islam. 
                                                                           
                                                                                             The Right to the Safety of Life: -Immediately after the verse of the Holy Quran which has been 
                                                                                             mentioned in connection with the right to life, God has said: “And whoever saves a life it is as though 
                                                                                             he had saved the lives of all mankind” (5:32). There can be several forms of saving a man from death. 
                                                                                             A man may be ill or wounded irrespective of his nationality, race or color. If you know that he is need 
                                                                                             of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he 
                                                                                             is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning 
                                                                                             or his life is at stake, then it is your duty to save him. 
                                                                                           Respect for the Chastity of Women: -The third important thing that we find in the Charter of Human 
                                                                                           Rights  granted  by  Islam  is  that  a  women’s  chastity  has  to  be  respected  and  protected  under  all 
                                                                                           circumstances, whether she belongs to our own nation or to the nation of an enemy, whether she find 
                                                                                           her in the wild forest or in a conquered city; whether she is our core religionist or belongs to some 
                                                                                           other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. This 
                                                                                           concept of sanctity of chastity and protection of women cannot be found anywhere else except in 
                                                                                           Islam. God has established his right over you, which you have to honor as a Muslim. 
                                                                                           Individuals Right to Freedom: -Islam has clearly and categorically forbidden the primitive practice 
                                                                                           of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and 
                                                                                           unequivocal words of the Prophet are as follows: “There are three categories of people against whom I 
                                                                                           shall myself be a plaintiff on the Day of Judgment. Of these three, one is who enslaves a free man, 
                                                                                           then sells him and eats this money” (Bukhari and Ibn Maja). The words of this tradition of the Prophet 
                                                                                           are  also  general,  they  have  not  between qualified or made applicable to a particular nation, race, 
                                                                                           country or followers of a particular region. 
                                                                                           The Right to Justice: -This is a very important and valuable right which Islam has given to man as a 
                                                                                           human being. The Holy Quran has laid down: “Do not let your hatred if a people incite you to 
                                                                                           aggression” (5:3).” And do not let ill-will towards any folk incite you so that you swere from dealing 
                                                                                           justly. Be Just; that is nearest to heedfulness” (5:8). Stressing this point, the Quran again says: “You 
                                                                                           who believe stand steadfast before God as witness for (truth and) fair play” (4:135). This make the 
                                                                                           point clear that Muslims have to be just not only with ordinary human beings but even with their 
                                                                                           enemies. Their permanent habit and character should be such that no man should ever fear injustice at 
                                                                                           their hands, and they should treat every human being everywhere with justice and fairness. 
                                                                           
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        90 
                                                                           
                                                                          The  Communications                                                                                                                                                                                                 Vol.27. No (01)                                                                                                                                                                                               ISSN: 0975-6558 
                                                                                           Equality of Human Beings: -Islam not only recognizes absolute equality between men irrespective of 
                                                                                           any distinction of color, race or nationality, but makes it an important and significant principle, a 
                                                                                           reality. The Almighty God has laid down in the Holy Quran: “O mankind, we have created you from a 
                                                                                           male and female”. In other words, all human beings are brothers to one another. They all are the 
                                                                                           descendants from one father and one mother. “And we set you up as nations and tribes so that you may 
                                                                                           be able to recognize each other” (49:13). According to Islam God has given man this right of equality 
                                                                                           as a birth right. Therefore, no man should be discriminated against on the ground of the color of his 
                                                                                           skin, his place of birth, the race or the nation in which he was born. 
                                                                                           The  Right  to  Cooperate  and  not  to  Cooperate:  -Islam  has  prescribed  a  general  principle  of 
                                                                                           paramount importance and universal application saying: “Co-operate with one another for virtue and 
                                                                                           heedfulness and do not co-operate with one another for the purpose of vice and aggression” (5:2). This 
                                                                                           means that the man who undertakes a noble and righteous work, irrespective of the fact whether he is 
                                                                                           living at the North Pole or the South Pole, has the right to expect support and active cooperation from 
                                                                                           the Muslims. On the contrary he who perpetrates deeds of vice and aggression, even if he is our closest 
                                                                                           relation or neighbor, does not have the right to win our support and help in the name of race, country, 
                                                                                           language or nationality, nor should he have the expectation that Muslims will cooperate with him or 
                                                                                           support him. 
                                                                           
                                                                                           Conclusion 
                                                                                                 From  the  foregoing  discussion,  it  is  clear  that  Islamic  law  has  divinely  mandated  rights  for 
                                                                                                 individuals in their specific roles as spouse, parent, child, relative, neighbor, friend and even foe. 
                                                                                                                In its distribution of rights and responsibilities, Islam has addressed the social, racial, gender, and 
                                                                                                 sectarian issues plaguing our global society. Indeed, the model of rights and mutual  responsibilities 
                                                                                                 enshrined in Islam has a tremendous potential for individual and social reform in                                                                                                                                                                                                                                                                                                                     the world. Islam 
                                                                                                 has provided all rights which are needed for overdevelopment of human growth                                                                                                                                                                                                                                                                                                                          and  prosperity. 
                                                                                                 It’s the religion of peace, tranquility, world brotherhood, mutuality, and                                                                                                                                                                                                                                                                                       cooperation. It has given 
                                                                                                 social, political, economic, cultural, and civic rights to all human beings                                                                                                                                                                                                                                                                                      without consideration of 
                                                                                                 color, caste, family, and birth etc. Islam gave to mankind an ideal code                                                                                                                                                                                                                                                                                         of human rights fourteen 
                                                                                                 centuries ago. These rights aim at conferring honor and dignity on   mankind                                                                                                                                                                                                                                                                                                             and                                  eliminating 
                                                                                                 exploitation, oppression, and injustice. To say this would not be wrong                                                                                                                                                                                                                                                                                          that                              Islam                                    is                       the 
                                                                                                 resistance against barbarism, injustices, and suppression. It had helped always to                                                                                                                                                                                                                                                                                                                    all                    who  were 
                                                                                                 helpless and weak. If supporting human beings when they are being suppressed by   some  intolerant 
                                                                                                 tyrant ruler and his forces then Islam will prevent that suppression and this is not                                                                                                                                                                                                                                                                                                                  terrorism, but its 
                                                                                                 support to humanity.  
                                                                           
                                                                                                 References  
                                                                                                 Afkhami, Mahnaz. (1999).  “Gender Apartheid and the Discourse of Relativity of Rights in Muslim  
                                                                                                                                                      Societies” in Courtney W. Howland [ed]. Religious Fundamentalisms and the Human  
                                                                                                                                                      Rights of Women. New York: St. Martin’s Press, pp. 67-77. 
                                                                                                  
                                                                                                 Akbarzadeh, Shahram & Benjamin MacQueen. (2008). Islam and Human Rights in Practice:  
                                                                                                                                                      Perspectives Across the Ummah. London: Routledge. 
                                                                                                  
                                                                                                 Akhtar Muslim, Muhammad. (2010). Qur’an aur Insani Huquq. Lahore: Islamic Publication.  
                                                                                                 Ali,  Shaheen  Sardar.  (2000).  Gender  and  Human  Rights  in  Islam  and  International  Law:  Equal 
                                                                                                                                                      Before Allah, Unequal Before Man? The Hague: Kluwer Law International. 
                                                                                                 Article on “Human Rights in Islam” in Dawn [magazine], 7th July 2011. 
                                                                                                 Bielefeldt, Heiner. (2000).  ‘Western’ versus ‘Islamic’ Human Rights Conceptions? A  Critique of 
                                                                                                                                                      Cultural Essentialism in the Discussion on Human Rights” in PoliticalTheory, Vol.28(1). 
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...The communications vol no issn social justice in islam and human rights bilal ahmad bhat ph d research scholar school of education behavioral sciences university kashmir abstract has emphasized on numerous principles that organize relationships among members society one most important is with all values it involves like peace love brotherhood prosperity not only practiced muslims rather every being regardless to his her beliefs or religion as a concept refers equality giving abiding by obligations without discriminations for any reason either race color etc comprises three elements i e equitable distribution wealth provision security protection weak against strong first thing we find this connection lays down some man other words means whether he belongs country believer unbeliever lives forest found desert whatever be case basic simply because which should recognized muslim fact will duty fulfill these aim paper also focus such right life safety respect chastity women individual s fre...

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